C.A. v. HHS - HPV, dysautonomia (2017)

Filed 2017-11-08Decided 2017-12-05Vaccine HPV
dismissed

Case summary [AI summaries can sometimes make mistakes]

On August 1, 2017, C.A., a minor, by her parents and natural guardians Teresa and David Audino, filed a petition alleging that the human papillomavirus (HPV) vaccine administered on August 14, 2014, caused her to develop dysautonomia with an onset two days later. The respondent was the Secretary of Health and Human Services.

Petitioners' counsel was Clifford J. Shoemaker, and respondent's counsel was Colleen C.

Hartley. Special Master Laura D.

Millman presided over the case. The petition alleged that C.A. received the HPV vaccine on August 14, 2014, and developed dysautonomia two days later.

However, the Special Master noted that C.A.'s medical records did not support the alleged onset of symptoms. Furthermore, no medical doctor had diagnosed C.A. with dysautonomia.

The only diagnosis of dysautonomia came from a chiropractor, George Michalopoulos, who identified himself as a chiropractic neurologist but lacked a medical degree. The Special Master stated that a diagnosis from someone without a medical degree would not be accepted.

The contemporaneous medical records provided by C.A. and her mother did not reflect the symptoms that C.A. and her mother later claimed she experienced. The Special Master issued an order on September 22, 2017, discussing difficulties in the case, followed by a telephonic status conference on October 24, 2017.

On November 7, 2017, petitioners filed a Motion for Decision Dismissing Her Petition, stating they would be unable to prove entitlement to compensation and that further proceedings would be unreasonable and a waste of resources. The Special Master granted this motion and dismissed the case.

The decision details C.A.'s medical history, including an HPV vaccination on August 14, 2014. Subsequent medical visits included an eye examination on September 6, 2014, for blurred vision, where only myopia was found.

On April 7, 2015, C.A. presented to an emergency department with a sore throat, cough, and mild headache, diagnosed with a viral illness. On July 3, 2015, she saw her physician for tailbone pain after a fall, diagnosed with a sacral contusion.

She also saw chiropractors Ira Chislof and Daniel Mossell in July and September 2015, respectively, reporting neck, shoulder, and back pain, and later fatigue and shortness of breath. On October 5, 2015, C.A. saw her physician, Dr.

Patricia C. Stec, for a postural blood pressure check to rule out POTS related to HPV vaccination.

Her mother reported extreme fatigue, hot and cold episodes, muscle aches, headaches, and dizziness, with onset varying in the medical records. Chiropractor George Michalopoulos diagnosed C.A. with dysautonomia and POTS on October 21, 2015.

The Special Master found that contemporaneous medical records were more credible than later affidavits and noted that petitioners had not proven C.A. actually had dysautonomia, lacked a neurologist's expert opinion, and that the medical records did not support their allegations. The case was dismissed.

Theory of causation

Petitioners alleged that the HPV vaccine administered on August 14, 2014, caused C.A. to develop dysautonomia with onset two days later. The Special Master noted that the medical records did not support the alleged onset of symptoms, and no medical doctor diagnosed C.A. with dysautonomia. The only diagnosis of dysautonomia came from chiropractor George Michalopoulos, whom the Special Master declined to accept as a medical expert due to his lack of a medical degree. Contemporaneous medical records did not reflect the claimed symptoms. Petitioners ultimately filed a motion to dismiss their own petition, stating they could not prove entitlement to compensation. The Special Master granted the motion and dismissed the case. The theory of causation was considered "Off-Table." Petitioners' counsel was Clifford J. Shoemaker, respondent's counsel was Colleen C. Hartley, and the Special Master was Laura D. Millman. The decision date was December 5, 2017.

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